Indecent Assault

What Is Indecent Assault in Texas?

Indecent assault in Texas is a Class A misdemeanor that covers groping, unwanted sexual touching, and other non-consensual sexual contact. Under Texas Penal Code 22.012, a conviction can result in up to one year in county jail and fines up to $4,000. Unlike sexual assault, a person convicted of indecent assault does not have to register as a sex offender.

Before September 2019, groping someone in Texas was only a Class C misdemeanor, the same as a traffic ticket. The Texas Legislature changed the law to punish unwanted sexual contact more severely. Now, this charge carries the same penalties as assault causing bodily injury.

How Does Texas Define Indecent Assault?

Under Texas Penal Code 22.012, a person commits indecent assault when, without consent and with the intent to arouse or gratify sexual desire, they:

• Touch another person’s anus, breast, or any part of their genitals
• Touch another person using their own anus, breast, or genitals
• Expose or attempt to expose another person’s genitals, pubic area, anus, buttocks, or female nipple
• Cause another person to contact blood, semen, vaginal fluid, saliva, urine, or feces

The key elements prosecutors must prove are lack of consent and sexual intent. Without both, the charge cannot stand. This is why having an experienced Fort Worth sex crimes lawyer is essential when facing these allegations.

What Is the Punishment for Indecent Assault?

Indecent assault is a Class A misdemeanor in Texas. The penalties include:

• Up to 1 year in county jail
• Up to $4,000 in fines
• Loss of firearm rights for 5 years
• Permanent criminal record

If the victim is elderly or disabled, the charge becomes a state jail felony under Texas Penal Code 22.012(b)(3). This carries 180 days to 2 years in a state jail facility and fines up to $10,000.

Do You Have to Register as a Sex Offender for Indecent Assault?

No. Unlike sexual assault or indecency with a child, indecent assault does not require sex offender registration. This is a significant distinction that makes the charge less severe than other sex offenses. However, a conviction still creates a permanent criminal record that can affect employment, housing, and professional licensing.

How Common Is Indecent Assault in Fort Worth?

Indecent assault charges are relatively uncommon in Tarrant County compared to other assault offenses. According to Tarrant County bond data, there have been 49 indecent assault cases processed, with an average bond of $2,480.73 and the most common bond set at $2,500.

For perspective, Tarrant County processed over 10,400 misdemeanor assault cases during a similar period. Indecent assault makes up less than 1% of all misdemeanor assault cases in the Fort Worth area.

What Are Defenses to Indecent Assault Charges?

Several defense strategies can challenge indecent assault allegations:

Lack of sexual intent. The prosecution must prove the defendant intended to arouse or gratify sexual desire. Accidental contact, horseplay, or non-sexual touching does not meet this requirement.

Consent. If the alleged victim consented to the contact, no crime occurred. Text messages, witness testimony, and the context of the relationship may establish consent.

False accusation. Mistaken identity, ulterior motives, or exaggerated claims can lead to wrongful charges. A thorough investigation often reveals inconsistencies in the accuser’s account.

Insufficient evidence. The prosecution bears the burden of proving every element beyond a reasonable doubt. Weak evidence, lack of witnesses, or credibility issues can undermine the state’s case.

Our attorneys have secured favorable outcomes in sex crime cases throughout Texas. If you’re facing allegations, early intervention by an experienced defense team can make a significant difference.

Case Example: Indecency Charge Reduced to Indecent Assault

In a recent case, a client faced indecency with a child charges, a second-degree felony carrying 2 to 20 years in prison. Through strategic negotiation, attorney Tiffany Burks secured a reduction to indecent assault, a Class A misdemeanor. This outcome eliminated the felony conviction, avoided sex offender registration, and significantly reduced the potential punishment.

Disclaimer: Past results do not guarantee future outcomes. Every case is unique and depends on its specific facts and circumstances.

Watch: What to Do If You’re Falsely Accused of a Sex Crime

Why Choose Varghese Summersett for Your Defense?

When you’re accused of a sex crime, you need attorneys who understand both the legal complexities and the personal stakes involved. At Varghese Summersett, our team includes former prosecutors, board-certified specialists, and attorneys with decades of trial experience. We know how the other side thinks because we’ve been there.

Our track record speaks for itself: over 1,600 dismissals, 800+ charge reductions, and countless cases kept off our clients’ records through strategic defense work. With more than 70 legal professionals across four Texas offices, we have the resources to thoroughly investigate your case and fight for the best possible outcome.

Don’t wait to get help. The earlier you involve a defense attorney, the more options you’ll have. Call us today for a free, confidential consultation to discuss your case.

Frequently Asked Questions About Indecent Assault in Texas

Is groping a felony in Texas?

No, groping (indecent assault) is typically a Class A misdemeanor in Texas. However, if the victim is elderly or disabled, the charge can be elevated to a state jail felony with harsher penalties.

Can indecent assault charges be dismissed?

Yes. Charges can be dismissed due to insufficient evidence, witness credibility issues, constitutional violations, or successful pre-trial negotiations. An experienced attorney can identify weaknesses in the prosecution’s case.

What is the difference between indecent assault and sexual assault in Texas?

Sexual assault under Texas Penal Code 22.011 requires penetration and is a second-degree felony. Indecent assault involves unwanted sexual touching without penetration and is a Class A misdemeanor. Sexual assault requires sex offender registration; indecent assault does not.

How long does an indecent assault case take in Texas?

Misdemeanor cases typically resolve within 3 to 6 months, though complex cases may take longer. Factors affecting timeline include evidence collection, witness availability, and whether the case goes to trial.

Will an indecent assault charge show up on a background check?

Yes, a conviction will appear on criminal background checks. However, if your case is dismissed or you complete certain programs, you may be eligible for expunction or record sealing, which can remove the arrest from your record.

Talk to a Fort Worth Sex Crimes Defense Attorney Today

If you or someone you love is accused of indecent assault or any sex crime, time is critical. The decisions you make now will affect your future. At Varghese Summersett, our defense team has the experience and resources to protect your rights and fight for your freedom. Call 817-203-2220 today for a free consultation.